KALLOBAI Vs. BABUKHAN

JUDGEMENT

(1.) This Second Appeal was admitted on following substantial questions of law:-

(2.) Whether on the facts proved in the case, the plaintiffs are entitled to l/5th share in the suit property? 2. Learned counsel for the appellant did not press the second question of law and confined his arguments to the first question only by giving up second question.

(3.) This is the plaintiff's appeal. Appellants are the daughters of Munawar and respondents No. 1 to 3 are his sons and LRs No. 1 to 4 are sons of deceased defendant Chitarkhan. The appellants had filed a civil suit raising the plea that Munawarkhan had 1/2 share in the land admeasuring 7.05 hectares described in para-1 of the plaint. Munawar out of his share had bequeathed the land of survey No.2658 and 2660 admeasuring 0.99 hectares to the appellants by a registered Will dated 2.5.1987, therefore, they claimed to be owners of the said land by virtue of Will and in respect of remaining land of Munawar, they claimed l/5th share each. Therefore, the suit was filed for declaration of title to the extent of the land covered by the Will and declaration and partition for the remaining land.